Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37966 of 2024 Arising Out of PS. Case No.-473 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Vikram Kumar Son Of Govind Prasad Resident Of Village - Bari Tola, P.S. - Buxar (Muffasil), District - Buxar ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Pandey For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Brahmpur P.S. Case No. 473 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that three miscreants boarded on a motorcycle, overtook the motorcycle of the informant, stopped him and on the point of pistol, snatched the bag of the informant containing cash amount of Rs. 50,000/-, other documents and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.37966 of 2024(2) dt.16-05-2024 2/3 present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light on the basis of confessional statement of co-accused person, which has got no evidentiary value in the eyes of law. The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Chargesheet has been submitted in this case. Moreover, it is submitted that the other co-accused has already been granted bail by this Court vide order dated 20.03.2024 passed in Cr. Misc. No. 23710 of 2024. The petitioner is in custody since 07.08.2023 and has three criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.37966 of 2024(2) dt.16-05-2024 3/3 below/concerned Court in connection with Brahmpur P.S. Case No. 473 of 2023.
(Rudra Prakash Mishra, J) Arish/- U T